LTB Order LTB-L-037597-23

2023 ONLTB 39208 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: H.S. v K. B., 2023 ONLTB 39208 Date: 2023-05-31 File Number: LTB-L-037597-23 In the matter of: MAIN A. UPPER, 847 C. DR O. ON L1K2W8 Between: H.S. L. T. S. A. K. B. Tenants Randy J Rogers H.S. A. T. S. (the 'L.') applied for an order to terminate the tenancy A. evict K. B. A. Randy J Rogers (the 'Tenants') A. for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on February 15, 2023 with respect to application LTB-L-017826-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the L. can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenants to terminate the tenancy A. evict the Tenants if the Tenants do not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition specified in the order: Order Page: 1 of 4  File Number: LTB-L-037597-23 The Tenants failed to pay to the L. the lawful rent in full on or before May 1, 2023. 2023 ONLTB 39208 (CanLII) 3. The previous application includes a request for an order for the payment of arrears of rent A. the order requires the Tenants to make payments by specific due dates. Accordingly, in addition to eviction, the L. are entitled to request an order for the payment of arrears owing. 4. The Tenants were required to pay $21,425.60 for rent arrears A. the application filing fee in the previous order. The amount that is still owing from that order is $18,794.40 A. that amount is included in this order. This order replaces order LTB-L-017826-22. 5. Since the date of the previous order, the Tenants have failed to pay the full rent that became owing for the period from March 1, 2023 to May 31, 2023. 6. The L. collected a rent deposit of $2,100.00 from the Tenants A. this deposit is still being held by the L.. 7. Interest on the rent deposit is owing to the Tenants for the period from May 1, 2021 to May 31, 2023. 8. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants are required to pay. 9. The L. are entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $86.51. This amount is calculated as follows: $2,631.20 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-017826-22 is cancelled. 2. The tenancy between the L. A. the Tenants is terminated. The Tenants must move out of the rental unit on or before June 11, 2023. 3. If the unit is not vacated on or before June 11, 2023, then starting June 12, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after June 12, 2023. 5. The Tenants shall pay to the L. $18,293.08*(Less any payments made by the Tenant after this application was filed on May 9, 2023). This amount represents the rent owing up to May 31, 2023 A. the cost of filing the previous application, less the rent deposit A. interest the L. owes on the rent deposit. Order Page: 2 of 4  File Number: LTB-L-037597-23 6. The Tenants shall also pay to the L. $86.51 per day for compensation for the use of the unit starting June 1, 2023 to the date the Tenants moves out of the unit. 7. If the Tenants do not pay the L. the full amount owing on or before June 11, 2023, 2023 ONLTB 39208 (CanLII) the Tenants will start to owe interest. This will be a simple interest calculated from June 12, 2023 at 6.00% annually on the balance outstanding. May 31, 2023 Date Issued Emile Ramlochan Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until June 10, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the Tenants file the motion by June 10, 2023 the order will be stayed A. the LTB will schedule a hearing. If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 12, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-037597-23 Summary of Calculation Amount the Tenants must pay the L.: 2023 ONLTB 39208 (CanLII) Reason for amount owing Period Amount Amount owing from previous Up to February 28, 2023 $18,794.40 order March 1, 2023 to May 31, $1,645.60 New Arrears 2023 Less the rent deposit: -$2,100.00 Less the interest owing on the May 1, 2021 to May 31, 2023 -$46.92 rent deposit Plus daily compensation owing for each day of occupation $86.51 (per day) starting June 1, 2023 Total the Tenants must pay the L.: $18,293.08 +$86.51 per day starting June 1, 2023 Order Page: 4 of 4